WSR 05-20-113

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 5, 2005, 10:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-11-057.

Title of Rule and Other Identifying Information: Commercial crawfish rules.

Hearing Location(s): Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA, on November 18-19, 2005, begins at 8:00 a.m. on November 18, 2005.

Date of Intended Adoption: November 18, 2005.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by November 11, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 4, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Require escape mechanism in crawfish pots.

Reasons Supporting Proposal: Allows escape of entrapped crawfish if the gear is lost.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: There are no reporting requirements. Commercial crawfish fishers will be required to attach an escape mechanism to crawfish pots.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Most shellfish pots already have escape mechanisms. If the unit of gear does not have such a mechanism, compliance can be achieved by use of a 3-inch piece of cotton twine.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

If the gear is not equipped with an escape mechanism, the cost of the twine is less than one cent per pot, and the installation time is ten seconds. For one hundred pots, the cost per fisher is $1, and the installation time is less than one-half hour. It takes longer to bait the pots than to install an escape mechanism.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The cost is de minimis, and so the agency cannot reduce the costs.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will involve the affected industries through the Fish and Wildlife Commission public rule-making process.

8. A List of Industries That Will Be Required to Comply with the Rule: Commercial crawfish fishers.

A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

October 5, 2005

Evan Jacoby

Rules Coordinator

OTS-8146.1


AMENDATORY SECTION(Amending Order 03-180, filed 8/6/03, effective 9/6/03)

WAC 220-52-035   ((Crab and shrimp)) Commercial shellfish pot gear -- Escape mechanism required.   It is unlawful to fish for or possess crab ((or)), shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

(1) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated cotton twine or other natural fiber no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken.

(2) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated cotton twine or other natural fiber no larger than thread size 120. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

[Statutory Authority: RCW 77.12.047. 03-16-097 (Order 03-180), 220-52-035, filed 8/6/03, effective 9/6/03. Statutory Authority: RCW 75.08.080. 87-23-006 (Order 87-187), 220-52-035, filed 11/6/87.]

Washington State Code Reviser's Office